AUPs

§ 6(c) Service may only be used by members of the household living at your address (this would exclude a friend or guest).

§ 6(g) Subscribers acknowledge that Comcast can monitor all of subscribers transmissions

Verizon : Terms of
Service Attachment A 3. "You may NOT use the Service as follows: .... (j)
to damage the name or reputation of Verizon,
its parent, affiliates and subsidiaries, or any third parties; "

AT&T : Terms of Service: AT&T may suspend your account and all service "for conduct that AT&T believes"..."(c) tends to damage the name or reputation of AT&T, or its parents, affiliates and subsidiaries." See ACLU Network Neutrality 101, 2010

"Unlimited"

3G / EVDO Wireless Internet providers have marketed their services as "unlimited." However, it is reported that wireless 3G / EVDO providers have terminated contracts of customers who have used too much broadband.

Blocking Services

One cable
company to rule them all Salon 2004 ("Comcast has already demonstrated a
willingness to circumscribe what customers do online. It has not only
attacked high-use customers but, in the past, has also curbed virtual
private networks (a popular way for corporations to integrate
telecommuters into the company intranet) and, according to some
customers, has limited traffic on Usenet, the oldest (and most
unregulated) of all the Net's discussion forums. The company's terms of
service also prohibit users from running file-sharing
applications (among other things), and it has a less-than-clear
policy on whether running a Wi-Fi network in your house is OK.")

Cable
Firms Faulted For Restrictions On Internet Service Washington Post
June 2002 ("In a filing with the Federal Communications Commission, the
companies say that in the subscriber agreements of major cable Internet
providers, there are prohibitions on the use of private corporate
networks that allow employees to work from home; restrictions on adding
hardware such as servers and game boxes to the networks; and clauses
that reserve the right to restrict access to certain
bandwidth-intensive sites, such as those for online gambling.")

For a period in the 1990s, Network Solutions, the sole domain name registrar for dot com operating pursuant to US government contract, adopted a policy that certain words could not be registered as domain names. See DNS History. This resulted in some weird results where shit.com had been registered but shitakemushroom.com could not be registered. Network Solutions also sought to implement a policy that would prevent the registration of domain names that might bother trademark owners.

"In 1908 AT&T gained control of Western Union. This proved beneficial to Western Union, because the companies were able to share lines when needed, and it became possible to order telegrams by telephone. However, it was only possible to order Western Union telegrams, and this hurt the business of Western Union's main competitor, the Postal Telegraph Company. In 1913, however, as part of a move to prevent the government from invoking antitrust laws, AT&T completely separated itself from Western Union."[Smithsonian]

Ryan Singel, Accused of Violating Net Neutrality, MetroPCS Sues FCC, WIRED Jan. 25, 2011("MetroPCS, the fifth largest U.S. wireless carrier, has already been accused of violating the new rules, which largely prohibit wireless carriers from blocking websites or prohibiting customers from using VoIP services like Skype. The company, which specializes in pay-as-you-go plans, does both with its new 4G plans that block streaming video except for YouTube.")

Ryan Single, MetroPCS 4G Data-Blocking Plans May Violate Net Neutrality, WIRED Jan. 7, 2011 ("MetroPCS, the nation’s fifth largest mobile carrier, announced earlier this week it was offering new pay-as-you-go mobile data plans for its 4G network that would block online video streaming — except for YouTube — for its lowest level plan, and block the use of internet phone-calling apps for all plans.")

Fink v. Time Warner Cable, Dist. Court, SD New York 2011: Plaintiffs Jessica Fink ("Fink") and Brett Noia ("Noia") (collectively, "Plaintiffs") bring this putative nationwide class action pursuant to 18 U.S.C. § 1030, asserting claims for violations of the Computer Fraud and Abuse Act (the "CFAA") against Defendant Time Warner Cable ("Defendant"). Plaintiffs allege principally that Defendant wrongfully limits Plaintiffs' use of certain peer-to-peer applications without authorization and thereby causes damage to Plaintiffs' computers. Plaintiffs also assert various state law claims stemming from alleged misrepresentations by Defendant concerning the nature and quality of its internet service.

Papers

Glasnost: Results from tests for BitTorrent traffic blocking. (" Almost 100,000 users from locations around the world have used our tool, Glasnost, to test whether their BitTorrent traffic is being manipulated. On this page, we present preliminary results from these tests. The tests were conducted between March 18th, 2008 and January 27th, 2009. ")

One cable company to rule them all Salon 2004 (Comcast ... The company's terms of service also prohibit users from running file-sharing applications (among other things))

University Gets Tough On P2P InternetWeek Feb 2004 ("Campus residents can no longer use Kazaa, Morpheus or any other P2P (peer-to-peer) file-sharing software to download music, movies or software applications. The free lunch ended abruptly at the beginning of the 2003-04 school year, when network administrators working in the campus housing unit turned on software they developed that not only detects illicit network activity but also dynamically enforces acceptable-use policies without IT intervention.")

"Cingular blocked PayPal after
contracting with another online payment service
called Direct Bill. Cingular made its discriminatory
motives apparent in a leaked memo that stated,
“Please be aware that Cingular customers should
always and only be offered the Direct Bill option
for payment of content
and/or services. Any programs that offer PayPal and/or credit
card options to Cingular Wireless customers will be escalated and reviewed by Cingular
Wireless for possible immediate shut off.”" ACLU Network Neutrality 101 2010 Citing Scott Smith,
Cingular Playing Tough on Content Payments , The Mobile Weblog, July 7, 2006,
.

Tethering

Cecilia Kang, FCC fines Verizon $1.25M for blocking tethering apps, WAPO July 31, 2012 ("In a 10-month investigation, the FCC found that Verizon, the nation’s largest wireless network, asked Google to remove 11 applications in the Android marketplace that were being used to circumvent Verizon’s $20 tethering charge. Tethering is the practice of using a device such as a smartphone or laptop as a modem to obtain Internet access for additional devices.")

Historically, the incumbent telephone companies
refused to allow third parties to attach equipment to their networks.
This equipment attached by the customer at home is known as Customer Premises Equipment. One fellow invented a
little plastic scoop called a Hush-a-Phone, which attached to the
handset of a phone, that would in effect make the conversation more
private. AT&T said this piece of plastic would harm the network and
in the 1940s sued. The DC Circuit Court rules that individuals AT&T
could not prohibit Hush-a-Phone attachments. Hush-a-Phone was a
non-electrical attachment to the network. In Carterfone, the FCC would
conclude that AT&T could not discriminate against and prohibit the
electrical attachments as well (this would come to be crucial for
modems). See CPE page for greater detail.

A new discussion is forming over the ability to apply Carterphone to wireless devices; in other words, the ability to attach any device (hard or soft) at the end of the telecommunications line as authorized pursuant to Carterphone and Part 68.

RCN FAQ 1(x) Theft of Service "The Access Service may not be used to facilitate
or operate as an Internet Service Provider, “Wi-Fi” network or
“hot-spot”, and you further agree not to distribute, resell, share or
otherwise allow others to utilize the Access Service, either free of
charge or for consideration."

Note: P2P applications turn computers into servers in order to host content. Those the use of P2P applications potentially would violate these provisions.

Cable
Firms Faulted For Restrictions On Internet Service Washington Post
June 2002 ("In a filing with the Federal Communications Commission, the
companies say that in the subscriber agreements of major cable Internet
providers, there are prohibitions on the use of private corporate
networks that allow employees to work from home; restrictions on adding
hardware such as servers and game boxes to the networks; and clauses
that reserve the right to restrict access to certain
bandwidth-intensive sites, such as those for online gambling.")

Internet Filtering (for copyrighted material)

AT&T has announced that it is exploring filtering of its network for infringing content (particularly P2P).

Record labels complain that privacy is "devastating the industry." Filtering is *a* solution. Operations automatically and anonymously. Filters can be placed in applications, on end users computer. If you want to hear it, filter would prevent it even after it is decrypted. This could be put in the modem. Referenced User Generated Content Principles. In response to U2 Manager comments, indicates that we are looking for a market place solution over a legislative solution. This is a business problem for network service providers that hurts networks and users. [RIAA Cary Sherman Internet Caucus State of the Net 2008]

Filtering limits free speech. Inspecting every single packet to look for copyright; there is a privacy aspect to this. The record companies need to make their content widely, flexibly and at a reasonable price. There are a number of positive models like live.fm - different models that people are experimenting with. The possibility of paying ISPs a licensing fee so that users can download all they want. Education should include not only what is infringing but also rights under fair use. DMCA and CDA protections is premised on the OSP not messing with the traffic. A neutral pipe. Once an OSP starts deep packet inspection, starts acting as a publisher, then you lose your DMCA and CDA protections. Telephone companies want to have it both ways. We like DMCA immunity. But you cant both be and not be the dumb pipe. Bono Mack talked about 80% of net traffic is P2P; a lot of that P2P traffic is legitimate traffic. The use of copyright to block speech is a free speech issue with government action. The largely point - this is the way that people are communicating today. See new document Fair Use Principles for User Generated Content, PK [Gigi Sohn Net Caucus State of the Net 2008]

Tech is very good at determining whether two pieces of content is identical; technology is very bad at determining whether content is infringing or fair use. Therefore connect human review with technology reviews. Have not seen a lot of user disputes yet but a lot of rights owners are partnering and monetizing, allowing their content to stay on the site. Issue of fair use getting block. [Mia Garlick, YouTube (Google)Net Caucus State Net 2008]

Vast majority of music collections are built based on passing around and ripping CDs; therefore filtering would be ineffective. Cost: things that no one intends to block gets block. Ex/ use of bittorrent to distribute software by software company. Need human intervention to correct overbreadth of technology. RIAA DMCA complaints tend to be very accurate. Other agencies tend to be notoriously inaccurate or difficult. NBC complaints are very difficult to respond to. Costs $100-$200k to respond to this. But it is a reasonable balance. DMCA notices is reasonable. [Greg Jackson, University of Chicago, Net Caucus State of Net 2008]

See ACLU Network Neutrality 101, 2010 "In January 2008, AT&T announced that it
was considering installing a copyright filter on its subscribers’ broadband connections. Filtering technology would permit AT&T to examine all of its users’ transmissions, facilitating the company’s ability to search and block digital transfers
under the pretext of pre
-
venting the dissemination of pirated materials."

Content :: Advertisements

In May 2008, Charter Communications announced that it would monitor the internet traffic of its subscribers for the purpose of serving relevant advertising to those customers, increasing revenue to Charter, and bringing down prices to the customer. [See Charter Communications, Enhanced Online Experience: Frequently Asked Questions]

Lines Censored: "Pearl Jam's performance of their big 90's hit "Daughter" morphed into the melody from Pink Floyd's "The Wall," and Eddie Vedder served up a pair of anti-Bush lyrics to the tune. "George Bush, leave this world alone," he sang. "George Bush, find yourself another home." "

"In 2006, BellSouth blocked its customers in Florida
and Tennessee from using MySpace and YouTube. Some suspected that BellSouth blocked
the websites to test a tiered system of usage that would block certain websites if their
administrators refused to pay for BellSouth’s quality of service package. BellsSouth’s
Chief Technology Officer Bill Smith had openly supported the principle of tiered access for
his company. The company issued a vague denial, and also argued that it provided warnings to its customers about potential Internet blocking." ACLU Network Neutrality 101 2010 citing Mark Hachman,
BellSouth Says It’s Not Blocking MySpace, PCmagazine
, June 2, 2006,

"Early in 2006, America On Line (AOL) began
censoring e-mails that referenced a blog entry
critical of AOL over an e-mail fee system the
company had instituted.
AOL’s blatant censorship impaired e-mail services to over 300 individuals, including customers and non-customers,
who reported receiving an automated message
saying their e-mail had “failed permanently.”
An AOL spokesperson said that the automated
messages were due to faulty software and that
AOL had lifted its block of the e-mail protests. " ACLU Network Neutrality 101 2010 citing Rob Malda,
Pay-per-e-mail and the “Market Myth,”
Slashdot, March 29, 2006; Timothy Karr,
AOL Censors Internet Speech,
FreePress, Apr. 13, 2006,
.

Marconi Radio blocks Message from Prince Henry of Prussia to Pres. Roosevelt 1902

"Early in 1902 an incident occurred which caused the German Government to take official cognizance of the situation. Prince Henry of Prussia, brother of the German Kaiser, was returning to Germany, in the S.S. Deutschland , after a visit to the United States. Soon after sailing, he desired to send President Roosevelt a radio message thanking him for the numerous honors and courtesies which had been accorded him. The Deutschland transmitted this message to the Marconi station at Nantucket, but that station refused to accept it because the ship was fitted with Slaby-Arco radio equipment. The irate Prince brought the matter to the attention of his brother. Kaiser Wilhelm thereupon instructed his government to initiate action in an attempt to establish international control over radio communications. [Howeth] The US Navy, with jurisdiction over American radio at that time, adopted the policy of preventing the installation of radio stations which would block the receipt of messages.

Content :: Traffic Redirection

See Strowger Switch ? Prior to 1890, a telephone subscriber had to use an
operator in order to set up a call. The subscriber would pick up the
telephone and tell the operator who they wanted to call. But what if
the telephone operator was the wife of a funeral home owner? When
people needed a funeral home, she could direct all the calls to her
husband. At least, that's what Amon
Stowger thought was happening. Every problem has a solution.
Stowger's solution was to invent the electronic switch which would
eliminate the necessity of an operator in order to set up a call.
Subscribers could now pick up the phone and dial it themselves. Stowger
reportedly remarked, "No longer will my competitor steal all my
business just because his wife is a BELL operator."

ISPs have experimented with redirecting toolbar searches to their own search engines

Content :: Filtering

SPAM is a significant problem. Left unchecked, the email signal-to-noise ratio becomes so bad that a service can be rendered unusable. Most email services now are aggressively engaged in anti spam strategies for filtering out SPAM.

RCN FAQ Prohibited "You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose

Security

Breaking Encryption

Differentiated Treatment of Internet Traffic BITAG Oct. 2015
“Some satellite and in-flight network operators have deployed proxy systems that allow differentiation of encrypted traffic. They do this by breaking the end-to-end encryption principle in favor of two encrypted segments, or in some cases with one segment being unencrypted entirely. Examples of these systems include: • Satellite operator ViaSat has developed a modified version of the Chrome browser that decrypts traffic inside their network, in order to optimize performance [122]. • To improve performance on retail in-flight WLAN network access, the networks provided by Gogo Inflight Internet, for a period of time, dynamically forged TLS certificates in order to shape traffic or block high-bandwidth uses such as video streaming (due to popular outcry, this practice was ceased shortly after discovery) [123]. In each of these cases, the network provider has made a decision to trade security for performance in order to differentiate between different data flows, and serve as a man-in-the-middle for an otherwise secure communication. .”

Identify the attack source and filter packets based
on source, however, the source of an attack can be spoofed and the
attack can be distributed among a multitude of zombies.

Ingress and egress filtering to ensure that packets
that depart from a network are not spoofed, improving the ability to
accurate identify an attack and also increasing the disincentive from
launching an attack from a source for fear of being identified.